On The Processing Mechanism Of The Minor Relative Nolle Prosequi

Presently, our country is being in the social transition period, the minor crime rate assumes the trend of escalation, so we should take the measures to reduce the minor crime. The prosecuting attorney should reduce attack scope of the underage criminal suspects as far as possible, expands the minor relative nolle prosequi to make more and more young people not enters the trial stage in the examination prosecution, taking advantage of education, retrieval and reform, because of juveniles'particularity in physiological and the psychological.This article can be divided into six parts.The part of preface: with the express abuse of bring an accusation against minor, make sure the intention of establishing the minor relative nolle prosequi system in our country.The second part is the background of researching mechanism of the minor relative nolle prosequi. This chapter describes the present situation and the characteristics of the minor relative nolle prosequi in our country, through the examination on the nolle prosequi pattern of minor criminal. And it carries on the analysis of the great difficulties in perfecting the processing mechanism of the minor relative nolle prosequi, such as backward idea, artificial limitation of nolle prosequi, more and more aggravation of the minor criminal situation , and simplification of assistance and education measure and so forth.The third part is devoted to the value of the minor relative nolle prosequi. This chapter analyzes the significance, the necessity and the feasibility of extensive the minor relative nolle prosequi. In brief, it construes the realistic foundation. And it lays more emphasis on the comparison among the nations'the nolle prosequi system and judicial practice, to learn something useful from them to improve our system of nolle prosequi.The fourth part introduces some theory on mechanism of the minor relative nolle prosequi, include the legal doctrine and more freedom doctrine that bring a lawsuit against someone, the modern purpose theory of punishment, the priority protection principle in processing the nonage criminal, the public interest considered and the criminal policy and so on. And compared with the minor relative nolle prosequi, the minor postponed prosecution is evaluated. So there have been the fundamental principles for establishing the processing mechanism of the minor relative nolle prosequi in our country.The fifth part Based on above each chapter, the seven part proposes the complete conception for the processing mechanism of the minor relative nolle prosequi from the aspects of applicable condition ,the supervision and restriction mechanism and assistance and education system, ect. So, it is the key part.The last part pays more attention to urgent reality for constructing the processing mechanism of the minor relative nolle prosequi and forecasts its future.